Slip And Fall Accidents On Snow And Ice: Who Is Liable For a Slip & Fall in New York?

Whoever is responsible for cleaning snow and ice from the property where you slipped and fell may be liable for your injuries. The liable party could be a property owner, a property manager, or a lessee or maintenance company that has taken responsibility for maintaining the property.

A slip and fall on snow or ice could result in serious injuries. If you fell because of someone else’s negligence, you have the right to seek compensation. Our NYC slip and fall accident lawyers will help you figure out the best way to do so.

Ice and Snow Slip and Fall Liability: Who Is Responsible for a Slip and Fall Accident in New York?

Slip and fall accidents on snow and ice fall under the label of premises liability: slip and falls are often preventable, and it is the responsibility of the property owner, caretaker, manager, or landlord to protect those who legally enter their property.

There are certain exceptions, found under the premises liability doctrine. However, in general, certain property owners may bear liability for slip and fall accidents involving ice and snow if they fail to:

• Lay down rock salt before a storm.
• Shovel their sidewalks, driveways, and/or parking lots promptly.
• Post warning signs on areas that are likely to be slippery.

Property Occupants’ Responsibility for a Slip and Fall on Snow and Ice

The occupants of a property may also be liable for an ice or snow slip and fall. For example, if a business rents property from someone else, that business may take on property maintenance responsibilities. That means they assume slip and fall liability if they fail to take reasonable precautions to protect those who come to do business with them.

The rules concerning property owner liability are tricky, and you should call us to find out whether the owner in your case is liable for the injuries suffered in your accident.

Contractors’ Liability in a Slip and Fall on Snow and Ice

If you experienced a slip and fall on snow and ice at a construction site, we will find out if a contractor working on the site failed to keep the premises clean. If so, you may have the right to hold that contractor responsible. This right applies to both construction workers and visitors lawfully on the site.

Filing a third-party lawsuit does not interfere with an employee’s ability to seek workers’ compensation benefits. Our slip and fall lawyers will help you decide whether to file a lawsuit, file for benefits, or both.

Other Third Parties’ Responsibility for a Slip and Fall on Snow and Ice

Maintenance companies can also be liable for New York slip and fall incidents. If a property owner hires an outside company to shovel their sidewalks or perform other maintenance, then that company could be responsible for your losses.

Cases involving third parties are often complicated, so it is a good idea to consult with our New York City slip and fall accidents lawyers before you take legal action.

Factors That Affect Liability for Ice and Snow Slip and Fall Accidents in New York

To establish who is responsible for a slip and fall accident, you need to show that the four elements of negligence apply to your case:

• Duty of care: The at-fault party must protect others through prudent actions.
• Breach of duty: The at-fault party failed to take actions that any reasonable person in their position would have taken.
• Causation: You slipped and fell because of the at-fault party’s breach of duty.
• Damages: Your slip and fall resulted in injury.

You also need to take CPLR 1411 into account. This law states that, as the claimant’s share of responsibility for an accident increases, the amount they can collect in damages decreases. For example, if someone was texting while walking on a sidewalk they should have known was slippery, their monetary award could be reduced.

Slip and Fall Statistics in New York

Slip and falls due to snow and ice and other causes affect people of all ages, genders, and abilities, but the most vulnerable groups include:

• People 65 and older: According to the most recent available data from the Centers for Disease Control and Prevention (CDC), over 25 percent of all older New Yorkers fell in 2020. Over 1,600 died in fall accidents in 2021.
• People who work outside: The more time you spend outdoors in cold weather, the more likely you are to experience an ice and snow slip and fall.
• Construction workers: The CDC reports that construction workers experience more fall-related deaths than workers in any other industry. The risk of construction site falls increases if the worksite and the tools you use, including ladders and scaffolds, are not kept clear of snow and ice.

If you fall on a sidewalk or anywhere else, our slip and fall injury attorneys will tell you how to protect and act on your rights.

What Damages Can You Recover in a Slip and Fall in New York?

Our New York slip and fall accident attorneys will help you recover economic and non-economic damages.

Economic damages compensate you for financial losses. They include:

• Medical expenses
• Property damage
• Loss of earnings
• Loss of future earnings
• Loss of job benefits, including union benefits, health insurance, and pension plans

Non-economic losses include:

• Past and future pain and suffering
• Emotional trauma and distress
• Reduced quality of life
• Partial and total disability
• Severe scarring or disfigurement

The amount you receive for these and other damages will depend on factors specific to your case. In one case, our client received $450,000 after they sustained injuries from a slip and fall on snow and ice in a parking lot. The person or entity who is liable in a slip and fall accident should pay for your losses.

Types of Injuries You Can Get Compensation for After a Slip and Fall in NYC

Slips and falls due to snow and ice can result in injuries like:

• Broken bones
• Brain injury
• Nerve damage
• Spinal cord injuries
• Organ damage
• Internal bleeding
• Contusions
• Facial trauma
• Soft tissue injuries
• Sprains

If you suffered any kind of injury that requires medical care, your best option is to contact our slip and fall attorneys for guidance. We will tell you what your rights are when you are injured in a slip and fall and how to exercise those rights to recover compensation

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

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Get Help After a Slip and Fall on Ice and Snow in New York City

Slipping on ice or snow can leave you with physical and emotional trauma. You are entitled to compensation for your losses. At Oresky & Associates, PLLC, our slip and fall attorneys have decades of experience aggressively representing clients who suffered because of someone else’s negligence or wrongful action.

Our NYC personal injury lawyers will fight to get you just compensation, regardless of your immigration status. Call (718) 993-9999 to schedule a free consultation today.